Bombay High Court

SUBHASH SANTOSH WAGHMAREversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court held that the sentence should be suspended and bail granted pending the final disposal of the appeal.

Summary

The applicant, Subhash Santosh Waghmare, was convicted by the Sessions Judge, Beed, in Sessions Case No.100 of 2023 for an offence under Section 452 of the Indian Penal Code and sentenced to two years' imprisonment and a fine, which he had already paid. While on bail during trial, he filed a criminal application seeking suspension of the sentence and release on bail pending the hearing of his appeal (Criminal Appeal No.630 of 2026). The State and the second respondent opposed, arguing that a conviction had already been recorded. The High Court, noting the two‑year sentence and the likely delay in hearing the appeal, allowed the application, suspending the sentence until the appeal is finally decided and granting bail on a personal bond of Rs.15,000 with two sureties, subject to conditions of appearance and non‑commission of further offences. The order also directed payment of the appointed counsel’s fees by the Legal Services Sub‑Committee.

Issues considered

Whether a sentence can be suspended and bail granted to a convicted person pending the final hearing of an appeal.
Whether the conditions imposed on bail are appropriate in the circumstances.

Legislation cited

Indian Penal Code, 1860 — s. 452

Subjects

bail
suspension of sentence
appeal pending
IPC 452
criminal application
high court
conviction
surety

Judgment

2026:BHC-AUG:39977


                                                              906-Cri-Apln-2052-2026.odt




                       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD

                         906 CRIMINAL APPLICATION NO. 2052 OF 2026
                                    IN APEAL/630/2026

                                SUBHASH SANTOSH WAGHMARE
                                              VERSUS
                          THE STATE OF MAHARASHTRA AND ANOTHER
                                                .…
                 Mr. Arun G. Dalal, Advocate (Through Legal Aid) for Applicant
                 Ms A. S. Mantri, APP for Respondent No.1 – State
                 Mr. Aditya Waghmare, Advocate (Appointed) for Respondent No.2
                                                .…

                                   CORAM : ABHAY S. WAGHWASE, J.

                                      DATE : 02 September, 2026
                 PER COURT :-


                 1.         This is an application for suspension of sentence and

                 grant of bail in consequence to the judgment and order of

                 conviction recorded by learned Sessions Judge, Beed, in Sessions

                 Case No.100 of 2023, dated 22.12.2025.


                 2.         Learned counsel for the applicant submits that the

                 applicant was tried vide above sessions case and came to be

                 convicted by above judgment and order for the offence under

                 Section 452 of I.P.C. Sentence awarded is maximum two years


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imprisonment and to pay fine. Fine amount is paid. Applicant was

on bail during trial. As appeal is of 2026, much more time will is

required to hear the appeal, relief of suspension of sentence and grant

of bail is urged for.


3.           Learned APP and the learned counsel for respondent No.2

opposed on the ground that on full fledged trial, conviction has been

recorded.


4.           After considering the above submissions, taking into

account the sentence of two years and that appeal being 2026, may

not be heard in near future, relief as prayed deserves to be granted.

Hence, following order:-

                                ORDER

     (i)     Criminal Application stands allowed.

     (ii)    The substantive sentence imposed on the applicant Subhash
             Santosh Waghmare by the learned Sessions Judge, Beed, in
             Sessions Case No.100 of 2023 dated 22.12.2025 stands
             suspended till final hearing and disposal of Criminal Appeal
             No.630 of 2026.

     (iii)   The applicant be released on P.R. Bond of Rs.15,000/-
             (Rupees Fifteen thousand only) with two solvent sureties in
             the like amount.

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      (iv)     The applicant shall not commit any criminal activity.

      (v)      The applicant shall remain present before the learned trial
               Judge once in six months, till final hearing and disposal of
               the appeal, commencing from the date he tenders bail
               papers and thereafter, the trial Judge to fix dates for his
               subsequent appearances.

      (vi)     In case of two consecutive defaults on the part of the
               applicant to remain present before the trial Court, the trial
               Court to inform this Court about the same and in that
               eventuality, the prosecution would be at liberty to file an
               application for cancellation of the bail granted to the
               applicant.

      (vii)    Bail before the trial Court.


      (viii)   The fees of the appointed counsel Mr. Aditya Waghmare,
               shall be quantified as per rules and be paid by the High
               Court Legal Services Sub-Committee, Aurangabad.




                                         [ ABHAY S. WAGHWASE, J. ]

SMS




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